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Archive for ‘Substantive Law: Legislation’

Catastrophic Changes in Ontario Budget for Motor Vehicle Injuries

When Ontario made wide-sweeping changes to automobile insurance and personal injury law in 2010, the intent was to reduce insurance premiums for the public. Although insurance companies did save money, much of these savings were not passed on to the consumers.

The amount of claims observed in Ontario did decrease in this period, but still remain the highest in the country. In 2006, accident benefits claims were $331, and rose to $588 per insured vehicle in 2009. This dropped down to $313 per vehicle in 2013 after the reforms.

 

Following the 2014 Cunningham Report, many anticipated that further . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

Royal Baby Signals the End of Primogeniture

I’m not one much for the hype around royal babies, who as of now remains unnamed, but this one has some special significance for Commonwealth nations. The birth of the baby girl yesterday to Prince William and Kate Middleton signals the first royal born since the enactment of new succession laws in the U.K.

The Succession to the Crown Act 2013 ended the centuries-old practice of primogeniture. This can be traced in law to the Act of Settlement 1701, which states,

The Princess Sophia, Electress and Duchess Dowager of Hanover, Daughter of the late Queen of Bohemia, Daughter of

. . . [more]
Posted in: Substantive Law: Legislation

The Unasked Issue in the Benchers’ Election

Our non-Ontario readers will be thrilled that in an hour the polls close and you won’t have interminable discussions about Ontario’s election and its implications. This post responds to and builds on Mitch’s prescient post from 18 months ago, and Alice Woolley and Alan Cliff’s posts which dealt with the Ontario Benchers’ Election which wraps up today at 5 PM

My focus isn’t on the substantive issues that Alice focused on yesterday but rather on an underlying governance issue that no-one appears to be talking about. It’s about convocations, cabinets and the tyranny of geography

What are the most . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Future of Practice, Substantive Law: Legislation

Federal Budget 2015–16: Measures of Interest to Employers

Federal Minister of Finance Joe Oliver tabled Economic Action Plan 2015 (Budget 2015–16) on April 21, 2015. The Canadian government’s balanced budget proposes a low-tax plan for jobs, growth and security, and projects a surplus of $1.4 billion in 2015–16. There are no individual tax rate or tax bracket changes in this budget. Highlights of the budget of interest to employers and payroll specialists include the following.

Modernizing the Canada Labour Code

Budget 2015 proposes to introduce amendments to the Canada Labour Code (CLC), which applies to federally regulated employers. These amendments would:

  • Add protections for paid and unpaid interns,
. . . [more]
Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

Commissioners of Oaths in Alberta Have New Rules

Waaaay back in 2013 there was an Alberta Bill passed that consolidated the Notaries Public Act and the Commissioners for Oaths Act. These two pieces of legislation are in place to make the rules for notarizing and commissioning documents clear and to provide a way to deal with any problems that crop up, among other things. The Notaries and Commissioners Act SA 2013, N-5.5 will come into force on April 30, 2015.

All notaries in Alberta are also commissioners, so combining the legislation makes sense.

The new legislation does contain some changes for commissioners:

Old legislation: commissioners appointments (if . . . [more]

Posted in: Substantive Law: Legislation

Court Confirms Homeowners Lose Warranty Rights Upon Sale of House

A panel of three Divisional Court Judges have affirmed that when a homeowner sells their home, they lose their standing to maintain a Tarion warranty claim under the Ontario New Home Warranties Plan Act (the “Act”).

Ms. Blair took possession of her new condominium townhome in February, 2010. Thereafter she made a complaint to Tarion about insufficient heating in the home. Ultimately, Tarion ordered that duct modification work was required in all nine townhouse units in the complex.

Ms. Blair installed a gas fireplace in her home without Tarion’s approval (to address the heating issue) and claimed compensation for the . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Addressing Sexual Violence and Harassment in Workplaces

On March 6, 2015, the Ontario government published its action plan aimed at addressing sexual violence and harassment in the province. “It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment” recommends changes to the Occupational Health and Safety Act (OHSA) to deal with workplace sexual harassment prevention and training. . . . [more]

Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

UK – “Serious Crimes” to Cybersecurity

The United Kingdom has recently passed the Serious Crimes Act, 2015.

Part 2 of the Act makes several amendments to the Computer Misuse Act 1990 (“CMA”), including:

………..

– a new offence of unauthorised acts in relation to a computer that result either directly, or indirectly, in serious damage in any country to the economy, environment, national security or human welfare, or create a significant risk of such things. The offence will carry a maximum sentence of life imprisonment for some categories of cyberattack. A person is guilty of the offence if they, at the time of commission, are aware . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Legislation, Technology, ulc_ecomm_list

The Surveillance Society Is Already Here

Canadians often look at intrusive, anti-privacy surveillance in other countries, and at things like the NSA and Patriot Act in the United States and think we are above that. But it is becoming apparent that Canada is just as bad. We need to do better than this and move the pendulum back towards individual rights and freedoms, and away from a surveillance society that does very little if anything to actually protect us.

For example, it recently came to light that the Communications Security Establishment, or CSE, Canada’s equivalent of the NSA, monitors and stores emails sent to Canadian government . . . [more]

Posted in: Substantive Law: Legislation

Supreme Court Confirms Right to Strike Constitutionally Protected

For some, this decision took a long time to arrive.

The Supreme Court of Canada in Saskatchewan Federation of Labour v Saskatchewan confirmed once and for all that the right to strike is protected under the Canadian Charter of Rights and Freedoms. This landmark decision strikes down Saskatchewan’s essential services legislation, which prevented a wide range of public sector employees from striking. This decision does not conclude that all essential services legislation that imposes limits on strike action will be unconstitutional; however, it will have an impact on the future of labour relations across Canada. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Legislation

Do We Need to Legislate Against Revenge Porn?

The UK has just passed a law to criminalize revenge porn (see ss 33 – 35). A fair amount of discussion clearly went into the drafting, considering the qualifications and the language. The law prohibits the publication or distribution of a ‘private sexual photograph or film’ without the consent of the subject and with the intention to cause the subject distress. There are fairly subtle definitions of the images, a broad definition of distribution (online or offline), and a requirement that the intention be specific, not just inferred as a reasonable consequence of publication or distribution.

This article describes the . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation, ulc_ecomm_list